Gym Launch Secrets LLC v. Norris

Filing 12

ORDER granting Plaintiff's 9 Motion for Leave to serve by publication. Plaintiff may affect publication by posting a copy of the summons and complaint to Defendant's social media accounts. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GYM LAUNCH SECRETS LLC,

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Plaintiff,

ORDER

v.

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CASE NO. C17-1773-JCC

TATE NORRIS,

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Defendant.

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This matter comes before the Court on Plaintiff’s motion for service by publication (Dkt.

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No. 9). Having thoroughly considered the motion and supporting declarations of David Fryman

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(Dkt. No. 10) and Amanda Owen (Dkt. No. 11), the Court hereby GRANTS the motion for the

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reasons stated herein.

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Federal Rule 4(e) provides, in relevant part,

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“[S]ervice upon an individual from whom a waiver has not been obtained . . . may
be effected in any judicial district of the United States . . . pursuant to the law of
the state in which the district court is located, or in which service is effected, for
the service of a summons upon the defendant in an action brought in the courts of
general jurisdiction of the State.”

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Fed. R. Civ. P. 4(e)(1). The Federal Rules of Civil Procedure thus allow service by a method

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authorized by Washington law where an action is brought in a federal court in Washington.

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ORDER
C17-1773-JCC
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Washington law authorizes service by publication when Defendant is a resident of the

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state, but “has departed therefrom with intent to defraud his or her creditors, or to avoid the

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service of summons, or keeps . . . himself concealed therein with like intent.” Wash. Rev. Code

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§ 4.28.100(2). The Court finds the requirements for service by publication met based on the

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Declarations of David Fryman and Amanda Owen, which outline numerous unsuccessful

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attempts to locate and serve Defendant.

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Plaintiff’s motion for service by publication (Dkt. No. 9) is GRANTED. Plaintiff may

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affect publication by posting a copy of the summons and complaint to Defendant’s social media

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accounts, as requested, in addition to publication complying with Revised Code of Washington

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section 4.28.110.
DATED this 5th day of February 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-1773-JCC
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